McLaurin v. State
| Docket Number: | 2008-CA-01251-COA Linked Case(s): 2008-CA-01251-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-09-2010 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Relief from judgment - M.R.C.P. 60(b)(6) - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-02-2008 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 251-03-310 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SHAWN MCLAURIN |
J. CHRISTOPHER KLOTZ |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Relief from judgment - M.R.C.P. 60(b)(6) - Ineffective assistance of counsel |
| Summary of the Facts: | Shawn McLaurin was tried and convicted of rape, and in 2000, he was sentenced to life in prison. He had retained an attorney who represented him at trial, but after McLaurin’s conviction, his attorney failed to file a notice of appeal. The same attorney also failed to file a PCR motion. McLaurin retained another attorney who filed a PCR motion in 2003. The court dismissed the motion. McLaurin apparently filed a “Petition for an Out of Time Appeal and to Set Aside Order Dismissing Motion for Post-Conviction Relief or New Trial.” The State did not submit a reply to McLaurin’s petition. In ruling on the matter in 2008, the circuit court denied McLaurin’s request for a new trial and his request to set aside the order dismissing his PCR motion. However, the circuit court granted McLaurin’s request for an out-of-time appeal. McLaurin timely filed a notice of appeal regarding the denial of his petition to set aside the dismissal of his PCR motion. McLaurin’s out-of-time direct appeal of his conviction and sentence, which he filed after the circuit court granted his petition in part, is separately before the appellate court. |
| Summary of Opinion Analysis: | McLaurin requests that he be allowed to file another PCR motion, because his attorney’s ineffective representation deprived him of the chance to file a meaningful PCR motion. The PCR motion that was filed and dismissed was lacking any affidavits or evidence in support of its claims. As McLaurin was convicted in 2000, and the PCR motion was filed in 2008, it was also untimely filed. Therefore, the circuit court properly dismissed the motion. Regarding McLaurin’s motion to reconsider, M.R.C.P. 60(b)(6) provides that a court may grant a party relief from a judgment for any other reason justifying relief from the judgment. A request pursuant to Rule 60(b)(6) must be made within a reasonable time. From the record, there is nothing to support a finding that the circuit court erred in refusing to set aside the dismissal of McLaurin’s PCR motion. McLaurin argues that his fundamental constitutional rights are implicated because of his trial counsel’s ineffective representation; therefore, he should be allowed to file another PCR motion. McLaurin may have a valid complaint, depending on the extent of the alleged deficiency of his trial counsel’s performance. However, it is inappropriate to address the issue at present. Not only did McLaurin file the PCR motion that the circuit court dismissed and subsequently declined to set aside, but he also filed a motion for an out-of-time appeal, which the court granted. |
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